AJFitzMossWho can beat this WR corps: Steve Smith CAR, Wes Welker NE & Vincent Jackson SD![]()
He was playing in the finals of a flag football league.According to your interpretation, wouldn't hosting a youth football camp and playing catch with an 8-year-old violate his contract?So, it violates this clause of the contact if Smith does any of the following without prior written consent of the Panthers:1. Plays footballWithout prior written consent of the Club, Player will not play football or engage in activities related to football otherwise than for Club or engage in any activity other than football which may involve a significant risk of personal injury.
2. Engages in activities related to football
3. Engage in any activity other than football which may involve a significant risk of personal injury
So playing flag football definitely seems to violate 1 and 2 while 3 is more open to interpretation.
I'm by no means a lawyer or have any expertise in interpreting contracts, but I do know what "or" means.According to your interpretation, wouldn't hosting a youth football camp and playing catch with an 8-year-old violate his contract?So, it violates this clause of the contact if Smith does any of the following without prior written consent of the Panthers:1. Plays footballWithout prior written consent of the Club, Player will not play football or engage in activities related to football otherwise than for Club or engage in any activity other than football which may involve a significant risk of personal injury.
2. Engages in activities related to football
3. Engage in any activity other than football which may involve a significant risk of personal injury
So playing flag football definitely seems to violate 1 and 2 while 3 is more open to interpretation.
I thought he broke it after his camp, in an adult YMCA sponsored rec league and (perhaps) tried to hide his participation in that league by saying he broke it at his camp.Not sure though.The story claimed this was at his football camp....so something is not adding up here.
Perhaps you missed the bolded part of the statement.According to your interpretation, wouldn't hosting a youth football camp and playing catch with an 8-year-old violate his contract?So, it violates this clause of the contact if Smith does any of the following without prior written consent of the Panthers:1. Plays footballWithout prior written consent of the Club, Player will not play football or engage in activities related to football otherwise than for Club or engage in any activity other than football which may involve a significant risk of personal injury.
2. Engages in activities related to football
3. Engage in any activity other than football which may involve a significant risk of personal injury
So playing flag football definitely seems to violate 1 and 2 while 3 is more open to interpretation.
So, according to your interpretation, Smith couldn't host a youth football camp and throw a pass to an 8-year-old without getting prior written consent from the Panthers?Perhaps you missed the bolded part of the statement.According to your interpretation, wouldn't hosting a youth football camp and playing catch with an 8-year-old violate his contract?So, it violates this clause of the contact if Smith does any of the following without prior written consent of the Panthers:1. Plays footballWithout prior written consent of the Club, Player will not play football or engage in activities related to football otherwise than for Club or engage in any activity other than football which may involve a significant risk of personal injury.
2. Engages in activities related to football
3. Engage in any activity other than football which may involve a significant risk of personal injury
So playing flag football definitely seems to violate 1 and 2 while 3 is more open to interpretation.
I wouldn't expect the Panthers to be asses about it, but what do you think the clause means?So, according to your interpretation, Smith couldn't host a youth football camp and throw a pass to an 8-year-old without getting prior written consent from the Panthers?Perhaps you missed the bolded part of the statement.According to your interpretation, wouldn't hosting a youth football camp and playing catch with an 8-year-old violate his contract?So, it violates this clause of the contact if Smith does any of the following without prior written consent of the Panthers:1. Plays footballWithout prior written consent of the Club, Player will not play football or engage in activities related to football otherwise than for Club or engage in any activity other than football which may involve a significant risk of personal injury.
2. Engages in activities related to football
3. Engage in any activity other than football which may involve a significant risk of personal injury
So playing flag football definitely seems to violate 1 and 2 while 3 is more open to interpretation.
No doubt it's a moot point because the Panthers won't want to void the contract, but "play football" and "engage in football activities" are terms that have multiple definitions. If I was Smith, I would argue that the clause is designed to prevent him from playing football for another team, and recreational flag football doesn't count as that. If Smith wanted to play catch with Matt Moore on their own time, I don't think the contract, as written, requires him to get the Panthers' consent. Flag football would be a bit of a gray area, I think.I wouldn't expect the Panthers to be asses about it, but what do you think the clause means?
Read the comments below the article...I have to give the poster credit for discovering "Steve" Smith's alais of "Stephon"...of Stephon Q. Erkel fame...brilliant!!!http://deadspin.com/5569428/steve-smith-br...-against-adults
This keeps getting funnier. He signs up under an alias for an over-30 flag football rec league, and his team is so bad they lose the first game. So what does he do? Recruit two more NFLers (Josh McCown! His first starting gig in years!) to join the league so they can dominate!
It'd be pretty funny if he got hurt because one of the other players was intentionally trying to injure him
Like you said it's somewhat of a moot point, but for the sake of discussion you think Smith could argue successfully that flag football is not either:1. Playing football orNo doubt it's a moot point because the Panthers won't want to void the contract, but "play football" and "engage in football activities" are terms that have multiple definitions. If I was Smith, I would argue that the clause is designed to prevent him from playing football for another team, and recreational flag football doesn't count as that. If Smith wanted to play catch with Matt Moore on their own time, I don't think the contract, as written, requires him to get the Panthers' consent. Flag football would be a bit of a gray area, I think.I wouldn't expect the Panthers to be asses about it, but what do you think the clause means?
You could argue this anyway you want to. The point being, it's most likely a clause in the contract that the Panthers use to cover their respective ###3$. Whether they choose to exercise that part of the contract is completely up to them. I'm sure it's generic enough so that it covers EVERYTHING. Just a good business practice really. This seems inherently difficult for some people to believe.Like you said it's somewhat of a moot point, but for the sake of discussion you think Smith could argue successfully that flag football is not either:1. Playing football orNo doubt it's a moot point because the Panthers won't want to void the contract, but "play football" and "engage in football activities" are terms that have multiple definitions. If I was Smith, I would argue that the clause is designed to prevent him from playing football for another team, and recreational flag football doesn't count as that. If Smith wanted to play catch with Matt Moore on their own time, I don't think the contract, as written, requires him to get the Panthers' consent. Flag football would be a bit of a gray area, I think.I wouldn't expect the Panthers to be asses about it, but what do you think the clause means?
2. An activity related to football?
Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
This whole contract thing has your brain in knots doesnt it? If flag football doesnt have any risk then why is it specifically stated in his contract that he cannot play it? Why must he feel he needs to create a fake name to play in this adult league?Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
Of course it can be held up in court. Robert Edwards is Exhibit #1...not sure what you think can/cannot be done to show he did not put himself in a bad position with a bunch of weekend "yahoos". These men (atheletes) are to be treated like veal in the offseason, and unless he can convince a court that the FF league was "conditioning-based", I don't see where Smith has a chance. With that said, both parties will appear to be peeved and "make up" by the start of the year. Hurney/Fox cannot survive the year sans Smith, and Smith plays like a Boldin and is 2 years older...Father time is ticking on our "ticking timebomb".Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
His contract doesn't say he can't play flag football. Flag football isn't football, it's flag football. The fact that its name has "flag" in front of it is a clue. There's a significant enough difference in the two that the descriptive term "flag" is put in front of one version to differentiate between the two sports. You think that's by accident or just because someone thought the word "flag" didn't get enough play in our language? You don't think the contact element in football, and lack thereof in flag football, is a pretty important difference in the two sports?Similarly, if my contract says I can't ride motorcylces, would I think that includes mopeds or bicycles as well? Or would I think that the risk of riding a motorcycle on public roads at 55mph is a greater risk than that posed by me riding my bicycle over to the neighbor's house to call the kids home for supper?What do you think creates a significant risk of personal injury? Working out? Running? Sprinting? Backpedaling? Jazzercise? Catching balls tossed at you from a mechanical thrower? What about flag football creates a geater risk than any of these activities which Smith would be encouraged to engage in to keep up his off-season conditioning.pantherclub said:This whole contract thing has your brain in knots doesnt it? If flag football doesnt have any risk then why is it specifically stated in his contract that he cannot play it? Why must he feel he needs to create a fake name to play in this adult league?CalBear said:Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Avery said:Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
YesChase Stuart said:So, according to your interpretation, Smith couldn't host a youth football camp and throw a pass to an 8-year-old without getting prior written consent from the Panthers?Perhaps you missed the bolded part of the statement.According to your interpretation, wouldn't hosting a youth football camp and playing catch with an 8-year-old violate his contract?So, it violates this clause of the contact if Smith does any of the following without prior written consent of the Panthers:1. Plays footballWithout prior written consent of the Club, Player will not play football or engage in activities related to football otherwise than for Club or engage in any activity other than football which may involve a significant risk of personal injury.
2. Engages in activities related to football
3. Engage in any activity other than football which may involve a significant risk of personal injury
So playing flag football definitely seems to violate 1 and 2 while 3 is more open to interpretation.
The standard of evidence for "significant risk" will be whether there is a moderate likelihood of injury, or whether a low-probability injury is likely to result in severe consequences. Neither is true for flag football. Robert Edwards isn't proof of a moderate likelihood of injury, any more than Stafon Johnson is proof of a moderate likelihood of injury lifting weights.Sweet Love said:Of course it can be held up in court. Robert Edwards is Exhibit #1...not sure what you think can/cannot be done to show he did not put himself in a bad position with a bunch of weekend "yahoos". These men (atheletes) are to be treated like veal in the offseason, and unless he can convince a court that the FF league was "conditioning-based", I don't see where Smith has a chance. With that said, both parties will appear to be peeved and "make up" by the start of the year. Hurney/Fox cannot survive the year sans Smith, and Smith plays like a Boldin and is 2 years older...Father time is ticking on our "ticking timebomb".CalBear said:Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Avery said:Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
Flag football isn't specifically stated in the contract. And football is mentioned because Smith cannot represent himself as a member of the Carolina Panthers football team without their consent, not because it's potentially dangerous. Which is why he used an alias.pantherclub said:This whole contract thing has your brain in knots doesnt it? If flag football doesnt have any risk then why is it specifically stated in his contract that he cannot play it? Why must he feel he needs to create a fake name to play in this adult league?CalBear said:Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Avery said:Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
http://profootballtalk.nbcsports.com/2010/...-keep-it-quiet/
Seems the "youth football camp" is a bunch of hogwash so he wouldn't get in trouble with the Panthers, heh
So the players will just open up their own league and sell it PPV so they can feed their family if the greedy owners lock them out.We're told that it actually happened in the championship game of an adult flag football league in which Smith and other NFL players had participated for the entire duration of the league's season.
So you're saying you know why that clause was put in there? I'd love to hear where you got that information.Interesting that they would put in a clause that mentions playing football and football related activities along with potentially dangerous activities since, according to you, they are not related in the intent of the contract.Flag football isn't specifically stated in the contract. And football is mentioned because Smith cannot represent himself as a member of the Carolina Panthers football team without their consent, not because it's potentially dangerous. Which is why he used an alias.pantherclub said:This whole contract thing has your brain in knots doesnt it? If flag football doesnt have any risk then why is it specifically stated in his contract that he cannot play it? Why must he feel he needs to create a fake name to play in this adult league?CalBear said:Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Avery said:Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
Why is no other sport listed? Are none of them dangerous?So you're saying you know why that clause was put in there? I'd love to hear where you got that information.
First of all, we don't know they're not. I don't think anyone here has seen the entire contract. We only know of one specific clause.Second of all, football players are often asked to participate in charity and for profit exhibition games. After all, it's their job. It's what they are famous for. Therefore it makes sense to specifically forbid it, without prior consent.Why is no other sport listed? Are none of them dangerous?So you're saying you know why that clause was put in there? I'd love to hear where you got that information.
According to your interpretation, Steve Smith can't even go out to play football in his own backyard with his kid. I'm pretty sure you're interpreting the clause all wrong.First of all, we don't know they're not. I don't think anyone here has seen the entire contract. We only know of one specific clause.Second of all, football players are often asked to participate in charity and for profit exhibition games. After all, it's their job. It's what they are famous for. Therefore it makes sense to specifically forbid it, without prior consent.Why is no other sport listed? Are none of them dangerous?So you're saying you know why that clause was put in there? I'd love to hear where you got that information.
Did you read the clause?What do you think it says?According to your interpretation, Steve Smith can't even go out to play football in his own backyard with his kid. I'm pretty sure you're interpreting the clause all wrong.First of all, we don't know they're not. I don't think anyone here has seen the entire contract. We only know of one specific clause.Second of all, football players are often asked to participate in charity and for profit exhibition games. After all, it's their job. It's what they are famous for. Therefore it makes sense to specifically forbid it, without prior consent.Why is no other sport listed? Are none of them dangerous?So you're saying you know why that clause was put in there? I'd love to hear where you got that information.
The likelihood of any non-contact injury is the same as it is in tackle football.If he planted wrong and tore his ACL, would you say thats pretty bad, correct?CalBear said:Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Avery said:Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
No, I would say that's a possible outcome of any kind of sport.The likelihood of any non-contact injury is the same as it is in tackle football.If he planted wrong and tore his ACL, would you say thats pretty bad, correct?CalBear said:Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Avery said:Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
Following this line of logic, would it be correct to infer that he could play "arena" football? I mean, they do have the word "arena" in there for a reason to "differentiate between the two sports"...His contract doesn't say he can't play flag football. Flag football isn't football, it's flag football. The fact that its name has "flag" in front of it is a clue. There's a significant enough difference in the two that the descriptive term "flag" is put in front of one version to differentiate between the two sports. You think that's by accident or just because someone thought the word "flag" didn't get enough play in our language? You don't think the contact element in football, and lack thereof in flag football, is a pretty important difference in the two sports?Similarly, if my contract says I can't ride motorcylces, would I think that includes mopeds or bicycles as well? Or would I think that the risk of riding a motorcycle on public roads at 55mph is a greater risk than that posed by me riding my bicycle over to the neighbor's house to call the kids home for supper?pantherclub said:This whole contract thing has your brain in knots doesnt it? If flag football doesnt have any risk then why is it specifically stated in his contract that he cannot play it? Why must he feel he needs to create a fake name to play in this adult league?CalBear said:Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Avery said:Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
What do you think creates a significant risk of personal injury? Working out? Running? Sprinting? Backpedaling? Jazzercise? Catching balls tossed at you from a mechanical thrower? What about flag football creates a geater risk than any of these activities which Smith would be encouraged to engage in to keep up his off-season conditioning.
What exactly is your argument? That the contract clause is unfair?Also, dude was moonlighting trying to dominate a rec league with his NFL friends.No, I would say that's a possible outcome of any kind of sport.The likelihood of any non-contact injury is the same as it is in tackle football.If he planted wrong and tore his ACL, would you say thats pretty bad, correct?CalBear said:Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Avery said:Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
My argument is that flag football and other casual sports do not constitute sports with a "significant risk of bodily injury." There is some risk, but it is not a significant risk, which is why flag football players don't wear pads and helmets.What exactly is your argument? That the contract clause is unfair?Also, dude was moonlighting trying to dominate a rec league with his NFL friends.No, I would say that's a possible outcome of any kind of sport.The likelihood of any non-contact injury is the same as it is in tackle football.If he planted wrong and tore his ACL, would you say thats pretty bad, correct?CalBear said:Please stop with the "significant risk of personal injury" thing. No rational person would consider flag football as a sport which carries a significant risk of personal injury, nor could you successfully argue that position in court. The likelihood of injury is low, and the potential impact is moderate (strain/sprain/break, not disability/death except in freak cases).Avery said:Not to mention, an "activity other than football which may involve a significant risk of personal injury"? Given the injury other players have sustained playing flag football (see Robert Edwards) I'm not sure he could even argue that successfully.
Some would argue that flag football is playing football, however.Just like tackle football is playing football.My argument is that flag football and other casual sports do not constitute sports with a "significant risk of bodily injury." There is some risk, but it is not a significant risk, which is why flag football players don't wear pads and helmets.
Really, they're trying to void Smith's contract?pantherclub said:The Panthers disagree with you.
They won't because they are trying to all save their jobs, so that's a moot point.Say its Albert Haynesworth who hurt himself playing flag football. The Redskins would void that so quickly it'd make your head spin.Really, they're trying to void Smith's contract?pantherclub said:The Panthers disagree with you.